Download 4002 A Reporting and Fact Finding Procedures: Harassment and

4002 A
Reporting and Fact Finding Procedures:
Harassment and Violence
Original Adoption: 12/18/1990
Revision Dates: 10/25/1994, 12/19/2007, 03/25/2008, 09/14/2010
Regulation 4002 A
Effective Date: 09/15/2010
I.
PURPOSE
The purpose of this regulation is to establish the complaint, fact finding and
investigation, and reporting procedures for allegations of harassment or violence
in violation of Minneapolis Public Schools Policy 4002, Harassment and Violence
Prohibition.
II.
COMPLAINT PROCEDURES
A. Any person who believes he or she has been the victim of harassment or
violence based on characteristics identified below, or any person with
knowledge or belief of conduct which may constitute harassment or violence
toward a student, employee, or personnel of the District should make a
complaint of the alleged acts immediately to an appropriate District official
designated by this regulation.
B. Characteristics that apply to this regulation are :
1. gender
4. disability
2. race or ethnicity
5. gender identity
3. religion or religious practice
6. sexual orientation or affectional
preference
C. Complainants are encouraged to use the form available from the principal or
site administrator of each building or available from the District Offices, but
oral complaints shall be accepted.
1. Forms are found in the Toolkit for Implementing the Policies Against
Discrimination, Harassment and Violence.
D. Nothing in this regulation shall prevent any person from making complaints of
alleged harassment or violence directly to the District’s Office of Diversity
and Equal Opportunity or to the Superintendent.
E. Allegations or complaints should not be sent to the District General Counsel’s
office due to the positional conflict of interest regarding internal claims.
F. The District will respect the privacy of the complainant, the respondent,
subject(s), or individual(s) against whom the complaint is made, as well as the
Special School District No. 1
Minneapolis Public Schools
807 N.E. Broadway, Minneapolis, MN 55413
http://www.mpls.k12.mn.us
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witnesses as much as possible, consistent with the District’s legal obligations
to investigate, to take appropriate action, and to conform with any discovery
or disclosure obligations imposed by law. However confidentiality is not
guaranteed.
III.
DESIGNATION OF APPROPRIATE DISTRICT AUTHORITY
A. Appropriate District authority (official) for the purposes of Policy 4002 is
designated as follows:
1. In a School. The school principal or site administrator, or her/his
designee is the person responsible for receiving complaints.
(a) Any adult School District personnel who receives a complaint of
harassment or violence shall inform the school principal, site
administrator or her/his designee immediately.
(b) If the complaint involves the school principal or site administrator,
or her/his designee, the complaint shall be filed or verbally made
directly to the District Office of Diversity and Equal Opportunity.
2. In All Other District Locations. The site administrator, or department
supervisor or her/his designee is the appropriate District official to receive
complaints of harassment or violence.
(a) If the complaint involves the site administrator or department
supervisor or her/his designee, the complaint shall be filed or made
to the District Office of Diversity and Equal Opportunity.
(b) If the complaint involves staff in the District Office of Diversity
and Equal Opportunity, the complaint shall be filed or verbally
made directly to the Superintendent.
B. The name of the appropriate District authority as determined under this
section shall be conspicuously posted in each facility. The posting shall
include the person’s name, title, mailing address, telephone number and email
address. The District authority for the site or her /his designee is responsible to
see that such postings are made and maintained.
IV.
FACT FINDING PROCEDURES
A. Within twenty-four (24) hours after receipt of a complaint of harassment or
violence, the appropriate District authority (official) must initiate fact-finding
procedures.
1. Failure to initiate fact-finding within twenty-four (24) hours of receiving a
report may result in disciplinary action against the official.
Special School District No. 1
Regulation 4002 A
Minneapolis Public Schools
807 N.E. Broadway, Minneapolis, MN 55413
http://www.mpls.k12.mn.us
Page 3 of 5
2. The official shall follow the Toolkit for Implementation of the Policies
Against Discrimination, Harassment and Violence defined procedures and
use the forms provided in the conduct of the fact-finding.
B. The official may request, but may not insist upon, a written complaint.
1. If the complaint is made verbally and the complainant cannot or will not
provide a written complaint the official shall convert the allegations to a
written complaint.
2. In the case of verbal complaints converted to a written complaint the
official shall have the complainant attest to the accuracy of the written
complaint.
C. A written notice, including, but not limited to a statement of the facts alleged
will be forwarded as soon as practicable by the official to the Office of
Diversity and Equal Opportunity.
1. If the complaint involves the official, the complaint shall be made or filed
directly with the Office of Diversity and Equal Opportunity or the
Superintendent.
D. The fact-finding shall consist of personal interviews with the complainant, the
individual(s) against whom the complaint is filed, and others who may have
knowledge of the alleged incident(s) or circumstances giving rise to the report
or complaint.
E. The fact-finding may also consist of any other methods and documents
deemed pertinent by the appropriate District official.
F. If the complainant is a student and the individual against whom the allegations
are made is an employee of the District, and the facts lead the appropriate
District official to reasonably believe that child abuse has occurred,
1. the official shall make a report as required by District Policy, federal and
state law.
2. the official may take immediate steps, at its discretion, to protect the
complainant pending completion of the fact-finding.
G. If the official has reason to believe that criminal activity has occurred, the
official shall contact the local police and the District General Counsel’s office
immediately.
V.
FACT FINDING REPORT
A. The official shall complete the fact-finding process as soon as practicable.
Special School District No. 1
Regulation 4002 A
Minneapolis Public Schools
807 N.E. Broadway, Minneapolis, MN 55413
http://www.mpls.k12.mn.us
Page 4 of 5
B. The official shall make a written report to the Office of Diversity and Equal
Opportunity upon completion of the fact-finding.
1. If the complaint involves the Office of Diversity and Equal Opportunity,
the report shall be filed directly with the Superintendent.
C. The report shall include a determination of whether the allegations have been
substantiated, unsubstantiated or found unable to be substantiated.
1. In determining whether allegations have been substantiated, the fact finder
shall consider all the circumstances, witness statements, and credibility of
each person interviewed.
2. Credibility of each person shall be determined on the basis of all the facts
known, and the interviewer’s observations, including, but not limited to:
(a) the person’s demeanor,
(b) any bias exhibited during the interview, and
(c) the person’s prior conduct.
D. The report shall include a determination of whether the conduct which is the
subject of the complaint and substantiated through the fact-finding process
appears to be a violation of District policy prohibiting harassment and
violence based on the characteristics identified in Paragraph II.B. above.
1. In determining whether alleged conduct constitutes a violation of this
policy, the fact-finding should consider the surrounding circumstances:
(a) the nature of the behavior,
(b) past incidents of the behavior,
(c) past or continuing patters of behavior,
(d) the relationship between the parties, and
(e) the context in which the alleged incident(s) occurred.
VI.
DISTRICT ACTION
A. Upon receipt of a report of substantiated allegations, the District, will take
appropriate action. Appropriate action may include, but is not limited to:
1. a warning;
2. a letter of reprimand in an employee’s personnel file;
3. a suspension;
4. exclusion;
5. expulsion;
6. transfer;
7. remediation or retraining; and/or
8. termination or discharge.
Special School District No. 1
Regulation 4002 A
Minneapolis Public Schools
807 N.E. Broadway, Minneapolis, MN 55413
http://www.mpls.k12.mn.us
Page 5 of 5
B. Any discipline of an employee shall be in conformance with applicable
Collective Bargaining Agreements, Contracts of Employment, and Federal
and State Law.
C. Any discipline of a student shall be in conformance with the Citywide
Discipline Policy, and Federal and State Law.
D. In a school, the principal or site administrator, working in conjunction with
the Office of Diversity and Equal Opportunity shall take the appropriate
action regarding students. In the case of an employee, the District’s employee
relations department shall take the appropriate action.
E. In all other District facilities, discipline shall be handled by the individual’s
supervisor working in conjunction with the District’s employee relations
department and the Office of Diversity and Equal Opportunity.
F. In all cases, the District reserves the right to refer the results of its own factfinding to the criminal authorities for possible criminal charges, whether or
not the District takes any action on its own account.
G. The complainant, and the complainant’s parent or guardian if a student is
under age eighteen, and the individual against whom the allegations have been
made may receive information from the report in conformance with the Data
Practices Compliance Policy of the District, Federal and State Law following
the completion of the fact-finding and after the decision regarding the
appropriate action has been made.
Legal References:
42 U.S.C. § 2000e, et seq., (Section 703 of Title VII of the Civil Rights Act of 1964, The
Civil Rights Act of 1991)
Minn. Stat. Ch. 363A (Minnesota Human Rights Act)
City of Minneapolis Ordinance Title VII, Ch. 139
Cross References:
MPS Policy 1040 (Data Practices Compliance)
MPS Policy 4000 (Equal Employment Opportunity)
MPS Policy 4001 (Employment Non-discrimination based on Disability)
MPS Policy 5000 (Equal Education Opportunity)
MPS Policy 5200 (Citywide Discipline)
MPS Policy 5201 (Bullying and Hazing Prohibition)
MPS Policy 5750 (Disability and Nondiscrimination)
Special School District No. 1
Regulation 4002 A
Minneapolis Public Schools
807 N.E. Broadway, Minneapolis, MN 55413
http://www.mpls.k12.mn.us